February 8, 2010
Present was James C. Lehan, Rob Garrity, Jim Tomaszewski and Jack Hathaway.
Jim Lehan opened the meeting at 7 p.m. Jack Hathaway read the agenda.
HORSE N’ CARRIAGE RESTAURANT, LIQUOR LICENSE VIOLATION PUBLIC HEARING
Present was Kevin O’Boy, owner of the Horse N’ Carriage Restaurant; his attorney Robert Allan; Chief Charles H. Stone, Jr. and Detective Nate Fletcher of the Norfolk Police Department.
Detective Fletcher explained that on November 29, 2009, he conducted an alcohol compliance check on liquor establishments in town in accordance with ABCC guidelines. He used an undercover operative, Garin Eisele.
Detective Fletcher said his operative entered the bar area of the Horse N’ Carriage and sat down at the bar. The bartender, Sean Byrne, asked the operative what he’d like. He ordered a Sam Adams on draught. The bartender served the operative and then walked to the other end of the bar. The operative left the restaurant. Detective Fletcher then went back inside with the operative and asked the bartender if he served him, and he said he did.
Rob Garrity said this was the Horse N’ Carriage’s first violation in eight years. He said to Detective Fletcher - you caught no other establishment? Detective Fletcher replied no.
Robert Allan, attorney for Kevin O’Boy said they acknowledge there was a violation. They are not here to argue the merits. They plan to move forward and make sure it doesn’t happen again.
Atty. Allan said the area was a black eye to the community until Kevin O’Boy purchased it. He has had one violation in the 27 years he owned the property, and that occurred 8 years ago. He doesn’t usually have a young crowd. Sean Byrne has bartendered for 35 yrs.; he is 65 yrs. of age and has been with the Horse N’ Carriage for 24 yrs. Kevin wasn’t sure how to reprimand him. His employees stay. He doesn’t have much turnover. This is a testament to how he treats employees and runs his business. Kevin will close business on 3/29 and bring in a TIPS instructor to train all personnel, even though they have already been trained previously. Sunday is a busy night for them.
Atty. Allan said the bartender wanted to be present tonight to explain his remorse, and particularly for letting Kevin down, but he couldn’t be here.
Rob Garrity said that the Selectmen’s policy is bar profits, a fine, or closure of the establishment.
Jim Tomaszewski said it should be a donation of profits. We should be consistent with the policy. Possibly profits from a Saturday.
Jim Lehan said the Norfolk Airport incident has heightened sensitivity because of underage drinking. He said there has to be a very strong message sent that underage drinking cannot be tolerated. Jim said he knows we have a policy, but there is leeway. He appreciates aggressiveness in training. Jim is not personally inclined to pull their license. He is more inclined to impose a fine. Jim said he would like to suggest to the Board a fine to DARE. Jim Tomaszewski felt we need to add this to the list. Jim Lehan prefers a fine, rather than stick with the policy as far as two consecutive Saturdays and loss of profits. Rob Garrity asked what a typical profit is. Kevin O’Boy said alcohol represents about 75% - maybe $2,000 in gross sales. Kevin told the Board this is a
family establishment. It doesn’t have KENO. It doesn’t stay open past 11. They are diligent – but not diligent enough. It is not an establishment that attracts young crowd.
The Board discussed policy and fines. Jim Lehan would like to propose a $2000 fine to the Norfolk DARE program.
Rob Garrity asked Chief Stone if he is concerned about this establishment. Chief Stone replied that no, he is not concerned about them at all.
Rob Garrity asked if they do follow up checks. Chief Stone said no, they do not.
Robert Allan would like to work with Jack and get a better breakdown. He is not prepared tonight to give a figure of alcohol profits. He felt $2000 seems high. Jim T. said he would be willing to work with him. He asked about other charities. Kevin O’Boy said he helps the Rodman Ride for Kids. He closes his restaurant and helps. Kevin praised his staff and said they deserve credit. They are better than 99% in all areas – no violations. Jim Lehan agrees, but said it is a violation and we can’t disguise what it is. He recognizes you have been a good partner to the community, but it is still a concern. If the Board wants to consider a lesser amount, he will entertain that. Jim Lehan said he would like to resolve it tonight, but cannot disguise that
it is a violation of underage drinking.
Robert Allan suggested a “suspended” sentence. Two days suspended, but if nothing happens within a year, it goes away. Kevin said he would gladly pay the $2000 as it will be going to a good cause. He said a fine payable to DARE; he is okay with that. Kevin said he appreciates his attorney trying to protect his interest. The money is educating kids. He did say that the underage drinking may be a problem, but underage drinking isn’t at the Horse N’ Carriage.
The Board will accept his offer. He will give a $2,000 donation to the DARE program. TIPS certification will be on 3/29.
Kevin said he thought things should be erased. He felt eight years without a violation should mean something. Jim Lehan said that the policy is being rewritten. It was a previous Board years ago that wrote the policy. Chief Stone expressed the same.
Rob Garrity moved to assess a $2000 donation to Norfolk DARE by the Horse N’ Carriage for a second violation, and to require TIPS certification for the staff on March 29, 2010. Jim Tomaszewski seconded, and it was so voted.
ENERGY COMMITTEE
Rita Advani, spoke for the Committee.
Rita discussed the Solar PV Project for the landfill. She said the committee felt the rebates and incentives offered by the State make this really worthwhile right now. They only have preliminary numbers. The Committee is very hopeful right now, and feels the project is worth exploring. It may save over 50% of the construction. They need to look at financing available. The price of solar panels has gone down. Rita said the next round of funding is in April and they would like to put this on the fast track and see if it’s possible to look at the April time line.
There would need to be due diligence between the Town, Advisory Board and Energy Committee. They would need a financial analysis, and a topography analysis. There is less than 2 acres of landfill. They should explore funding options and costs. They haven’t figured in administrative costs.
Jack said he wasn’t sure his Finance staff could put the time into this right now. He suggested that members of the Advisory Board could possibly work on this. They have the Board’s support and will try to bring this up again on the 22nd.
GAIL BERNARDO, TOWN CLERK
Gail spoke with the Board about the upcoming elections. This is to replace the State Senate seat vacated by Scott Brown. The Primary is April 13th and the Election is May 11th. Gail thought possibly we could have the state and town elections on one day. It is $7500 for one and could save $5000. Right now our town election is May 4th, and the town meeting is May 11th. She suggests we move the election down a week to May 11th, and have the town meeting begin on May 18th.
Rob Garrity moved to move the town election to May 11, 2010. Jim Tomaszewski seconded, and it was so voted. The Board questioned if there would be two separate ballots, and Gail said yes.
ACTION ITEMS
Rob Garrity moved to appoint John Wayne to the Zoning Bylaw Study Committee. Jim Tomaszewski seconded, and it was so voted.
Jack explained that Elizabeth Figueroa of Norfolk gave the Board information on Bina Farm. This is a therapeutic farm at Dana Hall. The Board would like them to come in and talk with us. They would like to come to Norfolk.
Jack mentioned a Stop & Shop meeting in which he, Jim Tomaszewski, Jim Lehan and Dave Roche, Chairman of the Planning Board attended. Jack said the conversation was based on the road. Stop & Shop doesn’t want to build the road until they build the building. We need the road now for MBTA commuters, emergency vehicles, etc. Stop & Shop is going to Planning Board this week and will set a date as to when they will complete the roadway. They will put up a bond that we can take if they don’t do the road by the agreed date.
BUDGET
Jack said the Advisory Board wants to start as early as February 25. Jim would prefer March 4th. Rob would prefer that date as well.
Jack reviewed the budget with the Board.
Jack has asked for level funded. Should he get any other models?
Jim Lehan said we may need a 5% cut, and ask for impact statements that they had one format with all that data. Not a narrative, but bullets and numbers and not over one page.
OTHER BUSINESS
Jack gave information on the EDC. Jim T. would like to attend the meeting with Jack.
Jim read the letter from Mr. Cyr to Chief Bushnell regarding a heart attack he had, and to rave about his care from the paramedics.
At 8:48 p.m., being no further business, Jim Tomaszewski moved to adjourn the meeting. Rob Garrity seconded, and it was so voted.
This is a true and accurate report of the Selectmen’s Meeting of February 8, 2010.
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James M. Tomaszewski, Clerk
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